In a bid to safeguard reproductive freedoms and combat the resurrection of antiquated laws, Democratic lawmakers have introduced legislation to repeal the abortion provisions of the Comstock Act. This federal law, which dates back to 1873, has raised concerns among activists and legal experts who fear it could be exploited by those seeking to further restrict reproductive rights, including contraception.

The Comstock Act, infamous for its "anti-vice" regulations, prohibited the shipment of "lewd" written materials, contraceptives, and abortion-related instruments. Although it had been dormant for several decades following the recognition of the constitutional right to abortion in the landmark Roe v. Wade decision of 1973, it has remained on the books.

Popularly referred to as a "zombie law," the Comstock Act lingers, having been rendered unenforceable by subsequent Supreme Court decisions. It now awaits the opportunity to be resurrected through the overturning of key rulings. A similar scenario unfolded recently, as several states saw the revival of draconian 19th-century laws after the Supreme Court's Dobbs decision.

Observers have noted that the Comstock Act's revival could jeopardize reproductive freedoms and hinder access to contraception and abortion, given the current conservative-leaning judiciary. While Democrats initially heeded the calls of abortion rights groups to postpone action on repealing the Act due to ongoing litigation, the recent Mifepristone case outcome has prompted them to take action.

According to recent reports, Democrats in Congress have introduced legislation to repeal the abortion provisions of the Comstock Act, gaining support from prominent abortion rights groups. The Senate bill boasts 20 co-sponsors, including Democratic Senators Tina Smith, Elizabeth Warren, and Catherine Cortez Masto. In the House, Representatives Becca Balint and Cori Bush introduced the legislation.

While the article speculates about potential reluctance from the White House and fears from unnamed Democrats about distraction from other issues, the importance of repealing this archaic law to protect fundamental human rights cannot be overstated. The Comstock Act, described as a "19th-century monstrosity," must be repealed at the earliest opportunity.

However, obstacles remain on the path to repeal, as the fiercely conservative Speaker of the House, Mike Johnson, a staunch Christian nationalist, is anticipated to vehemently oppose any efforts to undermine the Comstock Act. Passage of the repeal bill this year seems challenging, but the issue should feature prominently in the upcoming elections, as Democrats must seize the opportunity to repeal it when they get the chance, especially considering Republican plans to exploit it if they regain power.

Moreover, the Comstock Act is not the only "zombie law" haunting the American legal landscape. There are numerous other archaic and unenforced laws that could potentially resurface due to conservative judicial activism. Outdated statutes against adultery, atheism, and sodomy, as well as discriminatory housing covenants and draconian drug laws, pose additional threats to civil liberties.

To counteract these risks, Democratic lawmakers at the state and federal levels are urged to undertake comprehensive reviews of existing laws, repealing any dead legislation wherever possible. Failing to do so could leave the door open for cultural crusaders on the right to breathe new life into these archaic laws and erode hard-fought rights and freedoms.

In the battle for reproductive rights, advocates are determined to rally against the Comstock Act and its potential to roll back Americans' basic human rights.